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January 2018

The urban legend that eating poppy seeds can lead to a failed drug test is, in fact, not a legend. Eating poppy seeds – even as few as are typically contained in a large Costco poppy seed muffin – can yield positive test results for both morphine and codeine when testing standards are not adjusted to weed out such “false” positives.

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The Medical Board of California issued its Annual Report for Fiscal Year 2016 – 2017. It reveals that out of the 9,619 complaints made to the Board’s enforcement program, the Board took a total of 466 disciplinary actions — an increase from 338 in the year 2015 – 2016 and from 365 in the year 2014 – 2015. Of last year’s enforcement actions, most resolved with some term of probation and practice prohibitions, with surrender of license a close second.

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When people are injured through another’s negligence, often they are unsure what medical treatment is appropriate for their injuries, and they are sometimes discouraged from having those injuries properly evaluated and diagnosed. A person who suffers knee pain after a motor vehicle collision, for example, may be told by health care providers that it will just take time to heal, that further testing isn’t needed, and to just rest. But if the pain and lack of function persists, it is important to be assertive as a patient, and let the provider know that further treatment may be necessary. A r

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California Code of Civil Procedure (CCP) section 36 provides a mechanism for certain civil litigants - the elderly, minors age 14 or younger bringing a wrongful death action, or the terminally ill - to have the court schedule their trial within 120 days. Janssen Malloy LLP partner Michael Crowley previously wrote about the procedure here.